Bani Mandal v. State Of West Bengal And ORS.

24.04.2024 Item No.114 Court No.18 SK W.P.A. 26303 of 2023 Bani Mandal -Vs- The State of West Bengal & Ors.

Ms. Sreyasree Choudhury ......for the petitioner.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

In spite of service none appears on behalf of the State respondents.

The husband of the petitioner was an approved Head Master of a secondary school and retired from his service on superannuation on January 31, 2022 and died on March 09, 2023.

The Pension Payment Order of the employee concerned was issued on March 28, 2023 in pursuance whereof the petitioner received the gratuity and the arrear Pension on May 16, 2023. The petitioner is praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of gratuity and the arrear pension for the delayed payment.

It is now well settled that the petitioner is entitled to the interest, as prayed for.

The respondents, the concerned Treasury Officer in particular are, therefore, directed to pay interest @ 8% per annum on the gratuity and the arrear amount of pension from the date of retirement

of the employee concerned till the date of such payment.

The payment as aforesaid shall be made within the period of eight weeks from the date of communication of this order, in default the said arrear amount shall fetch an additional interest of 2% per annum.

W.P.A. 26303 of 2023 stands disposed of with the above directions. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)